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Delay is no ground for refusing amendment of pleadings

  12 May 2008       Share Bookmark

Court :
In The Hon'ble Supreme Court of India
Brief :
While allowing the prayer for amendment of the written statement by setting aside the order of Special Court (Trial of offences relating to Transactions in Securities) the Court observed thus: (i) delay is no ground for refusal of prayer for amendment. (ii) while allowing an application for amendment of the pleadings, the court cannot go into the question of merit of such amendment. (iii) the only question at the time of considering the amendment of the pleadings would be whether such amendment would be necessary for decision of the real controversy between the parties in the suit.
Citation :
Andhra Bank v. ABN Amro Bank N.V. & Ors (Civil Appeal No. 2946 of 2007) decided on 10 July, 2007
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Published in Civil Law
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